How relevant is the concept of war today? This book examines how
notions about war continue to influence how we conceive rights and
obligations in national and international law. It also considers
the role international law plays in limiting what is forbidden and
legitimated in times of war or armed conflict. The book highlights
how, even though war has been outlawed and should be finished as an
institution, states nevertheless continue to claim that they can
wage necessary wars of self-defence, engage in lawful killings in
war, imprison law-of-war detainees, and attack objects which are
said to be part of a war-sustaining economy. The book includes an
overall account of the contemporary laws of war and delves into
whether states should be able to continue to claim so-called
'belligerent rights' over their enemies and those accused of
breaching expectations of neutrality. A central claim in the book
is as follows: while there is general agreement that war has been
abolished as a legal institution for settling disputes, the time
has come to admit that the belligerent rights that once accompanied
states at war are no longer available. The conclusion is that
claiming to be in a war or an armed conflict does not grant anyone
a licence to kill people, destroy things, and acquire other
people's property or territory.
General
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